Case law

Cornell v. Board of Appeals

72 Mass. App. Ct. 390 · Massachusetts Appeals Court · Aug 19, 2008

Although a zoning board may in its discretion grant a variance, it is not required to do so, because no one has a legal right to a variance. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557, 559 (1954). … In support of his argument to the contrary, Cornell cites McDermott v. Board of Appeals of Melrose, 59 Mass. App.

Wallace v. Boston Rent Board

12 Mass. App. Ct. 13 · Massachusetts Appeals Court · Jun 2, 1981

See Lotto v. Commonwealth, 369 Mass. 775, 778 (1976); Regents of State Colleges v. Roth, 408 U.S. 564, 578 (1972). … See Mackey v. Montrym, 443 U.S. 1, 12 (1979). Compare Bane v. Boston, 8 Mass. App. Ct. 552, 556 (1979). Should hardship arise because of the time required in the appeal process, the order of the board may be stayed.

Fratus v. Board of Selectmen

6 Mass. App. Ct. 605 · Massachusetts Appeals Court · Sep 27, 1978

See also Matter of Ocean Hill-Brownsville Governing Bd. v. Board of Educ. of New York, 23 N.Y. 2d 483, 487 (1969). … L. c. 30A because a board of selectmen is not an “agency” as defined in G. L. c. 30A, § 1(2). See and compare Johnson Prod. Inc. v.

Olsen v. Teachers' Retirement Board

70 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 9, 2007

L. c. 32, § 1, for purposes of calculating the plaintiffs’ retirement allowances. 2 After the Teachers’ Retirement Board (board) and the Contribu *430 tory Retirement Appeal Board (CRAB) 3 determined that they did not so … .” *432 In arguing for their respective interpretations of “regular compensation” — the board to exclude the stipend, and the plaintiffs to include it — both rely on Boston Assn. of Sch. Administrators & Supervisors v.

Board of Aldermen v. Maniace

45 Mass. App. Ct. 829 · Massachusetts Appeals Court · Dec 1, 1998

“The denial of special permits is within the discretion of the board. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting from Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).” ACW Realty Mgmt., Inc. v. Planning Bd. of Westfield, 40 Mass.

Gaillard v. Board of Appeals

6 Mass. App. Ct. 834 · Massachusetts Appeals Court · Jan 26, 1978

See Charbonnier v. Amico, 367 Mass. 146, 152-153 (1975) . Moreover, as there was no need in the circumstances to plead the statute relied on, it was not fatal for the plaintiffs to cite a version of G. … Springfield v. Commonwealth, 349 Mass. 267, 270 (1965).

Allen v. Board of Selectmen

58 Mass. App. Ct. 715 · Massachusetts Appeals Court · Aug 4, 2003

Following the May 14 meeting, selectman William Browns-berger prepared a proposal summarizing what had been discussed, which was to be submitted to town meeting on May 17. … [T]he clerk . . . shall post the notice in his office or on the principal official bulletin board of the city or town. . . .

Perez v. Board of Appeals

54 Mass. App. Ct. 139 · Massachusetts Appeals Court · Mar 7, 2002

Kirkwood v. Board of Appeals of Rockport, 17 Mass. App. Ct. 423, 428 (1984). … Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424 (1962). Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. at 12 . Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 118 (1985).

Decker v. Boston Rent Board

13 Mass. App. Ct. 907 · Massachusetts Appeals Court · Jan 7, 1982

See Yaffe v. Lappin, 324 Mass. 254, 257 (1949). … Fanara for Boston Rent Board. Judgment affirmed.

Howland v. Board of Appeals

13 Mass. App. Ct. 520 · Massachusetts Appeals Court · May 14, 1982

See Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 299 (1972). . Because of our decision, it is not necessary to discuss the off-street loading requirement issue.

McNamara v. Board of Selectmen

5 Mass. App. Ct. 805 · Massachusetts Appeals Court · Mar 30, 1977

The assertedly contrary result reached in Holyoke Police Relief Assn. v. Mayor of Holyoke, 358 Mass. 350 (1970), turned on that city’s having accepted not only the provisions of G. … Gurley v. Bridgewater, 4 Mass. App. Ct. 149, 151 (1976). That conclusion is not inconsistent with the proposition that the “weeks” referred to in § 111D are calendar weeks, as held in the Holyoke case.

Devine v. Board of Health

66 Mass. App. Ct. 128 · Massachusetts Appeals Court · Apr 14, 2006

Commonwealth v. Smith, 431 Mass. 417, 421 (2000), quoting from Registrar of Motor Vehicles v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 585 (1981). See Capone v. … The cases upon which the board relies, moreover, arise in different circumstances. Cf. Zuckerman v.

Doe v. Sex Offender Registry Board

74 Mass. App. Ct. 383 · Massachusetts Appeals Court · Jun 5, 2009

No. 8725 v. … See Cohen v.

MP Corp. v. Planning Board

27 Mass. App. Ct. 812 · Massachusetts Appeals Court · Oct 5, 1989

See Nevins v. City Council of Springfield, 227 Mass. 538, 543-545 (1917). See also Mansfield v. O’Brien, 271 Mass. 515, 518-521 (1930); Kubik v. … “A planning board has no discretion to disapprove a subdivision *820 plan which has been approved by the board of health and is in conformance with the reasonable rules and regulations of the planning board.” Patelle v.

Heavey v. Board of Appeals

58 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 27, 2003

See generally Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (2001). b. … Cameron v. Board of Appeals of Yarmouth, 23 Mass. App. Ct. 144, 149 (1986).

Figueiredo v. Rent Control Board

26 Mass. App. Ct. 661 · Massachusetts Appeals Court · Dec 16, 1988

The board and the tenants go to some length to distinguish Vincent v. Rent Control Bd. of Cambridge, 23 Mass. App. … Current owners may not . remove rental units without a removal permit from the board. See Slade v. McLaughlin, supra; Vincent v. Rent Control Bd. of Cambridge, supra at 928. Judgment affirmed.

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 24, 2014

No. 151564 v. … No. 89230 v.

Smith v. Sex Offender Registry Board

65 Mass. App. Ct. 803 · Massachusetts Appeals Court · Mar 24, 2006

See Brown v. Guerrier, 390 Mass. 631, 632-633 (1983); Commonwealth v. Clint C., 430 Mass. 219, 226-227 (1999). … Student No. 9 v. Board of Educ., 440 Mass. 752, 762-763 (2004).

Nasca v. Board of Appeals

27 Mass. App. Ct. 47 · Massachusetts Appeals Court · Feb 23, 1989

A Superior Court judge, on May 22, 1987, annulled the action of the board and remanded the matter for further proceedings. At the behest of the planning board in June, 1987, the town amended § V, par. … It was appropriate for the board to consider the by-law in effect at the time of its decision. Cf. Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 153-154 (1981). G.

Albahari v. Zoning Board of Appeals

76 Mass. App. Ct. 245 · Massachusetts Appeals Court · Feb 8, 2010

See, e.g., Spector v. … Board of Appeals of Brewster, 61 Mass. App. Ct. 1104 at n.7. In Framingham Clinic, Inc. v.